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6-5-548
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider;
no evidence admitted of medical liability insurance. (a) In any action for injury or damages
or wrongful death, whether in contract or in tort, against a health care provider for breach
of the standard of care, the plaintiff shall have the burden of proving by substantial evidence
that the health care provider failed to exercise such reasonable care, skill, and diligence
as other similarly situated health care providers in the same general line of practice ordinarily
have and exercise in a like case. (b) Notwithstanding any provision of the Alabama Rules of
Evidence to the contrary, if the health care provider whose breach of the standard of care
is claimed to have created the cause of action is not certified by an appropriate American
board as being a specialist, is not trained and experienced in a medical specialty, or does
not hold himself or herself out as a specialist, a "similarly...
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34-13-1
Section 34-13-1 Definitions. (a) For purposes of this chapter, the following terms shall have
the following meanings: (1) ACCREDITED SCHOOL or COLLEGE OF MORTUARY SCIENCE. A school or
college approved by the Alabama Board of Funeral Service and which maintains a course of instruction
of not less than 48 calendar weeks or four academic quarters or college terms and which gives
a course of instruction in the fundamental subjects including, but not limited to, the following:
a. Mortuary management and administration. b. Legal medicine and toxicology as it pertains
to funeral directing. c. Public health, hygiene, and sanitary science. d. Mortuary science,
to include embalming technique, in all its aspects; chemistry of embalming, color harmony;
discoloration, its causes, effects, and treatment; treatment of special cases; restorative
art; funeral management; and professional ethics. e. Anatomy and physiology. f. Chemistry,
organic and inorganic. g. Pathology. h. Bacteriology. i. Sanitation...
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34-13-20
Section 34-13-20 Creation; composition; qualifications of members; appointment and removal
from board. (a) There is established the Alabama Board of Funeral Service, consisting of nine
members, each of whom shall be citizens of the United States and residents of the State of
Alabama. (b) The appointing authorities shall coordinate their appointments to assure board
membership is inclusive and reflects the racial, gender, geographic, urban/rural, and economic
diversity of the state. (c) Commencing on January 1, 2019, as the terms of the members serving
on the board on August 1, 2017, expire, the membership of the board shall be reconstituted
to consist of seven professional members and two consumer members. (1) Each professional member
of the board shall be a citizen of the United States, a resident of Alabama, and licensed
and in good standing with the board as an embalmer or funeral director at the time of appointment
and during the entire term of office. Professional members of the...
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34-9-40
Section 34-9-40 Creation; composition. (a) In order to accomplish the purposes and to provide
for the enforcement of this chapter, there is hereby created the board. The board is hereby
vested with the authority to carry out the purposes and enforce the provisions of this chapter.
On June 24, 1959, the members of the present board now in existence shall hold office for
the remainder of their respective terms for which they have been elected and thereafter until
their successors are elected and qualified and shall constitute the board under this chapter.
The board shall consist of six dentists who shall be selected in the method set forth herein
all of whom having been actively engaged in the practice of dentistry in the State of Alabama
for at least five years next preceding the date of their election and one dental hygienist
elected at-large as provided in subsection (b). Each member of the board shall be a citizen
of this state. No member of the board shall be a member of the faculty...
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34-24-302
Section 34-24-302 Denial, suspension, revocation, etc., of license; investigation; mental,
physical, or laboratory examination; authorization for release of information. (a) The board
may, within its discretion, deny the issuance of a license to any person or, after notice
and hearing in accordance with board regulations, shall, within its discretion, suspend, revoke,
restrict, or otherwise discipline the license of a person who shall be found guilty on the
basis of substantial evidence of any of the following acts or offenses: (1) Conviction of
a felony. (2) Conviction of any crime or other offense, felony, or misdemeanor, reflecting
on the ability of the individual to render patient care in a safe manner. (3) Conviction of
any violation of state or federal laws relating to controlled substances. (4) Termination,
restriction, suspension, revocation, or curtailment of licensure, registration, or certification
as an assistant to physician by another state or other licensing jurisdiction...
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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may on its
own, or on the verified complaint in writing of any person, investigate the actions and records
of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and
the production of records and documents during an investigation. If probable cause is found,
a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.
The commission shall revoke or suspend the license or impose a fine of not less than one hundred
dollars ($100) nor more than two thousand five hundred dollars ($2,500), or both, or reprimand
the licensee in each instance in which the licensee is found guilty of any of the following
acts set out in this section. The commission may revoke or suspend a license until such time
as the licensee has completed an approved continuing education course and/or made restitution
to accounts containing funds to be held for other...
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34-24-210
Section 34-24-210 Required. (a) License required. No person shall practice nor hold himself
or herself out to be able to practice physical therapy in this state unless he or she is licensed
in accordance with this article. (b) License required. No person shall act nor hold himself
or herself out as being able to act as a physical therapist assistant unless he or she is
licensed in accordance with this article. (c) Other healing arts not affected. Nothing in
this article shall prohibit any person licensed to practice any other of the healing arts
in this state under any other law from engaging in the practice for which he or she is licensed.
(Acts 1965, No. 476, p. 686, §3; Acts 1969, No. 622, p. 1128, §2; Acts 1982, No. 82-189,
p. 218, §4; Act 2012-387, p. 1036, §1.)...
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34-13-56.1
Section 34-13-56.1 Unlawful practice without a license. (a) It is unlawful for any person or
entity, for hire or profit, to engage in, or hold himself, herself, or itself out as qualified
to engage in any of the following without a valid license, certification, or registration
issued by the board: (1) The practice of funeral directing. (2) The practice of embalming.
(3) Practicing as an apprentice. (4) Operating a crematory. (5) Practicing as a cremationist.
(b) Any person or entity who has been found to have engaged in the unlawful unlicensed practice
of funeral directing, embalming, apprenticing, operating a crematory, or cremating shall be
subject to a fine of not more than two thousand five hundred dollars ($2,500) for each violation
and other sanctions authorized by this chapter. (Act 2017-433, §2.)...
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34-30-20
Section 34-30-20 License requirements. (a) Except as otherwise provided in subsection (b),
no person may engage in the practice of social work, holding himself or herself forth as a
"social worker," a "licensed bachelor social worker," a "licensed
master social worker," or a "licensed independent clinical social worker,"
unless that person is so licensed under this chapter or excluded according to its provisions.
(b) The board shall reissue the appropriate redesignated license to any person licensed on
August 1, 2016, as a graduate social worker or a certified social worker. Notwithstanding
the foregoing, any license issued to a graduate social worker or a certified social worker
prior to that date shall continue to be valid for the duration of the license or until the
appropriate redesignated license is issued by the board. Any person licensed by the board
as a graduate social worker or a certified social worker on that date may continue to use
the prior designated licensure titles...
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34-11-15
Section 34-11-15 Violations; penalties. (a) Any person who practices, offers to practice, or
holds himself or herself out as qualified to practice engineering or land surveying in this
state or uses in connection with his or her name or otherwise assumes, uses, or advertises
any title or description including, but not limited to, the term engineer, engineers, engineering,
or professional engineer, professional engineers, or professional engineering, or land surveyor,
land surveyors, land surveying, or professional land surveyor, professional land surveyors,
or professional land surveying, without being licensed or exempted in accordance with this
chapter, or any person presenting or attempting to use as his or her own the certificate of
licensure or the seal or facsimile thereof of another, or permitting his or her own certificate
of licensure, seal or facsimile thereof to be used by another person, or any person who gives
any false or forged evidence of any kind to the board or to any...
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